[Federal Register Volume 70, Number 125 (Thursday, June 30, 2005)]
[Notices]
[Pages 37891-37893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12877]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2000-8398]


Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of renewal of exemption; request for comments.

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SUMMARY: This notice publishes the FMCSA decision to renew the 
exemption from the vision requirement in the Federal Motor Carrier 
Safety Regulations for Mr. Thomas E. Howard. The FMCSA has statutory 
authority to exempt individuals from vision standards if the exemptions 
granted will not compromise safety. The agency has

[[Page 37892]]

concluded that granting this exemption will provide a level of safety 
that will be equivalent to, or greater than, the level of safety 
maintained without the exemption for this commercial motor vehicle 
(CMV) driver.

DATES: This decision is effective June 30, 2005. Comments from 
interested persons should be submitted by August 1, 2005.

ADDRESSES: You may submit comments identified by DOT DMS Docket Number 
FMCSA-2000-8398 by any of the following methods:
     Web site: http://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic docket site.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Room PL-401, Washington, DC 
20590-0001.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal Holidays.
    Instructions: All submissions must include the agency name and 
docket number for this notice. For detailed instructions on submitting 
comments and additional information on the rulemaking process, see the 
Public Participation heading of the Supplementary Information section 
of this document. Note that all comments received will be posted 
without change to http://dms.dot.gov, including any personal 
information provided. Please see the Privacy Act heading under 
Regulatory Notices.
    Docket: For access to the docket to read background documents or 
comments received, go to http://dms.dot.gov at any time or to Room PL-
401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal Holidays.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Office of Bus and 
Truck Standards and Operations, (202) 366-4001, FMCSA, Department of 
Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001. 
Office hours are from 8 a.m. to 5 p.m., e.t., Monday through Friday, 
except Federal holidays.

SUPPLEMENTARY INFORMATION:
    Public Participation: The DMS is available 24 hours each day, 365 
days each year. You can get electronic submission and retrieval help 
guidelines under the ``help'' section of the DMS Web site. If you want 
us to notify you that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement 
page that appears after submitting comments on-line.
    Privacy Act: Anyone is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review the 
Department of Transportation's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (Volume 65, Number 70; 
Pages 19477-78) or you may visit http://dms.dot.gov.

Exemption Decision

    Under 49 U.S.C. 31315 and 31136(e), the FMCSA may renew an 
exemption from the vision requirement in 49 CFR 391.41(b)(10), which 
applies to drivers of CMVs in interstate commerce, for a two-year 
period if it finds ``such exemption would likely achieve a level of 
safety that is equivalent to, or greater than, the level that would be 
achieved absent such exemption.'' The procedures for requesting an 
exemption (including renewals) are set out in 49 CFR part 381. This 
notice addresses Mr. Thomas E. Howard, who has requested renewal of his 
exemption in a timely manner. The FMCSA has evaluated his application 
for renewal on its merits and decided to extend the exemption for a 
renewable two-year period.
    This exemption is extended subject to the following conditions: (1) 
That Mr. Howard have a physical exam every year (a) by an 
ophthalmologist or optometrist who attests that the vision in the 
better eye continues to meet the standard in 49 CFR 391.41(b)(10), and 
(b) by a medical examiner who attests that Mr. Howard is otherwise 
physically qualified under 49 CFR 391.41; (2) that Mr. Howard provide a 
copy of the ophthalmologist's or optometrist's report to the medical 
examiner at the time of the annual medical examination; and (3) that 
Mr. Howard provide a copy of the annual 3 medical certification to the 
employer for retention in his driver's qualification file and retain a 
copy of the certification on his person while driving for presentation 
to a duly authorized Federal, State, or local enforcement official. The 
exemption will be valid for two years unless rescinded earlier by the 
FMCSA. The exemption will be rescinded if: (1) Mr. Howard fails to 
comply with the terms and conditions of the exemption; (2) the 
exemption has resulted in a lower level of safety than was maintained 
before it was granted; or (3) continuation of the exemption would not 
be consistent with the goals and objectives of 49 U.S.C. 31315 and 
31136(e).

Basis for Renewing the Exemption

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no 
longer than two years from its approval date and may be renewed upon 
application for additional two-year periods. In accordance with 49 
U.S.C. 31315 and 31136(e), Mr. Howard has satisfied the entry 
conditions for obtaining an exemption from the vision requirements (65 
FR 78256; 66 FR 16311; 68 FR 13360). He has requested timely renewal of 
the exemption and has submitted evidence showing that the vision in his 
better eye continues to meet the standard specified at 49 CFR 
391.41(b)(10) and that the vision impairment is stable. In addition, a 
review of his record of safety while driving with his vision deficiency 
over the past two years indicates he continues to meet the vision 
exemption standards. These factors provide an adequate basis for 
predicting his ability to continue to drive safely in interstate 
commerce. Therefore, the FMCSA concludes that extending the exemption 
for a period of two years is likely to achieve a level of safety equal 
to that existing without the exemption.

Comments

    The FMCSA will review comments received at any time concerning Mr. 
Howard's safety record and determine if the continuation of the 
exemption is consistent with the requirements at 49 U.S.C. 31315 and 
31136(e). However, the FMCSA requests that interested parties with 
specific data concerning his safety record submit comments by August 1, 
2005.
    In the past the FMCSA has received comments from Advocates for 
Highway and Auto Safety (Advocates) expressing continued opposition to 
the FMCSA's procedures for renewing exemptions from the vision 
requirement in 49 CFR 391.41(b)(10). Specifically, Advocates objects to 
the agency's extension of the exemptions without any opportunity for 
public comment prior to the decision to renew, and reliance on a 
summary statement of evidence to make its decision to extend the 
exemption of each driver.
    The issues raised by Advocates were addressed at length in 69 FR 
51346 (August 18, 2004). The FMCSA continues to find its exemption 
process appropriate to the statutory and regulatory requirements.


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    Issued on: June 23, 2005.
Rose A. McMurray,
Associate Administrator, Policy and Program Development.
[FR Doc. 05-12877 Filed 6-29-05; 8:45 am]
BILLING CODE 4910-EX-P